Suit against architects to be reviewed

STATE SUPREME COURT

Published 4:23 pm, Wednesday, February 27, 2013

The state Supreme Court agreed Wednesday to decide whether residents of a luxury 595-unit condominium complex across from AT&T Park in San Francisco can sue the architects for allegedly causing overheating and structural defects.

The justices voted unanimously to review appeals by two architectural firms challenging a lower-court ruling that reinstated the suit by the Beacon Residential Community Association, representing owners of the condo units.

The Beacon complex, at 250 and 260 King St. in China Basin, opened in July 2005, selling units for between $500,000 and $1 million. The owners association sued in 2008, claiming that units had overheated because of defective ventilation and window design, and also alleging instances of water infiltration, structural cracks and other hazards.

The suit is pending against the developers and their contractors, who have denied wrongdoing. The issue before the state's high court is whether residents can also sue the architectural firms, HKS Inc. and Skidmore, Owings & Merrill.

A Superior Court judge dismissed the architects from the case in 2011, saying the building's designers were responsible only for making recommendations to the developer.

But the First District Court of Appeal disagreed, saying architects who are negligent in their plans can be held responsible for any resulting harm to residents of the building.

"A design professional ... cannot be unaware of the fact that his or her work will have a direct bearing on the integrity, safety and habitability of property intended for residential occupancy," said Justice Terence Bruiniers in the 3-0 ruling Dec. 13. He said the architectural firms were allegedly paid more than $5 million for their work on the Beacon complex.

The Supreme Court set aside the appellate ruling Wednesday and will decide whether California law allows such suits against architects. No hearing date has been scheduled.

The case is Beacon Residential Community Association vs. Skidmore, S208173.

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